Research Paper on Forests

Forest Service 2012 Planning Rule

The 2012 rule which was set to control the environmental factors were subject to the NEPA review that had been set in 2012. It considered the rules of NEPA and the human activities which affect the environmental conditions. In view of the set environmental regulations, the 2012 rule was set (74 FR 67062). This took about four years to publish the rule from the 2008 rule. There has been an in-depth review of the rule since 1976 Congress amendments of the RPA.

Through the Forest Service notices of intent, environmental impact statement was prepared for to cater for the new planning rule. The review was done on the new planning. This mandated the Department to republish the 2000 rule. The review mandates NEPA to compel federal agencies consider the effects and the potential environmental changes before doing any plans for the agency.

The impacts on the environment affect the life of human beings, and thus before taking any major actions in development, the environment ought to be considered. The actions may include issuance of permits to federal bodies, or making decisions that have impacts on the federal lands.

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The review that was done also requires that if the federal body oversees the possibility of significant impacts on the environment, then the agency ought to prepare an Environmental Impact Statement (EIS), which details every aspect of effects to the environment. The EIS was done, and the conclusion was environmental protection of The Forest conservation rule is also captured in the review that controls use of land by federal agencies. The review was an appropriate move by NEPA to control environmental factors that contribute to pollution. In this case, they are protecting the forests and land that may be destroyed by activities undertaken by the federal agencies.

Limiting the overuse of public land and natural forests protects the environment people who live in areas that are operated by federal agencies.

How the new Forest Service 2012 Planning Rule Differs from the previously planning rules

The planning rule in the 1982 rule focused on procedures that were in line with writing of plans. The plans were to mitigate the negative environmental effects. The protective actions undertaken in the 1982 rule focused majorly on land management (74 FR 67062). The 2012 rule focuses on different issues. The 2012 rule leads to planning process, which leads to proper contribution towards ecological, economic and social stability. The 1982 rule did not major in providing sustainability, but the 2012 rule aims at protecting of resources and maintenance of the proper distribution of goods and The 2012 Planning Rule differs from the other previous planning rules in aspects considered at the moment. The 2012 rule encompasses an extra content concerning the regulations that control forests and land conservation. The procedural posture for example, in the 2012 rule is against the defendant officials in the system and also against the U.S. Department of Agriculture (USDA). This consideration is not included in the previous planning rules. The agricultural body, USDA had admitted that the 2005 rule it had represented had gone through a paradigm shift. The bodies, USDA, in the 2012 are thus required to consider interested parties in making comments about the situations.

The 2012 rule takes into consideration facts that have been laid the US regulation concerning forests. The rule takes into account US Forest Service lands that have been relinquished for clear cutting purposes. The land under a National Forest service in Texas is cleared for purposes not indicated. This is seen as destruction to the environment and forests. Therefore, the rule indicates this issue as key to environmental destruction, and thus the need to control the actions. The rule takes into account the injunctions that are made by other bodies in response to concerns about the environment. However, there are measures to protect the environment.

The rule also outlines the plaintiffs needed to identify the concerned final agency actions. These ought to show consummation of the agency’s legal procedures and the decision-making processes involved. It should not only focus on the demands to get a general judicial review process. The rule thus concerns detailed issues in the forest.

Interaction of the rule with Land & Resource Management Plans mandated by NFMA

NFMA has regulations and mandates that ought to be adhered to concerning the Land & Resource Management Plans. These concern use of land and the conservation of the national forests for environmental conservation procedures. The rule is in line with conserving the environment through observation of law and adherence to models put in place to conserve forests and national lands. The law takes into account the Federal Land issues and Resource Management Act procedures that are upheld by NFMA. The references of the rule are done on the basis of stipulated rules and regulations laid down in NFMA. Therefore, the rule borrows much from the set environmental concerns in NFMA. There are specific area concerns and proposals in the rule which derive their basis from the NFMA federal agency land use regulations.

The rule bases on the United States Forest Service Land and Resource

Management Plan that is laid down to protect the natural reserves. In the arguments to justify the National Forest moves and decisions towards land and forest use, there is no controversy observed which justiciable. This indicates that the rule is in line with the arguments presented in the NFMA regulations about land use and forests. The NEMA Plan is said to conform to the statutory and the regulatory, land use requirements by the federal agencies. The plan is in line with conservation of forest plan and the environment, which is in line with the 2012 rule that protects the natural resources.

Challenges that I expect the new rule to face

Loggers will have to challenge the rule due to the nature of the set regulations. The Plan is executed by legal bodies that have set logging goals. This has to happen with the consideration of prevailing conditions, and thus loggers are not at will to do business freely. The rule mandates selection of areas that are suited for timber production and thus any logging activity has to be under control.

Furthermore, there is the proposition of probable methods used in timber harvesting, which are safe to the forests and environment. Most of the loggers do not apply appropriate methods of logging because it is expensive. This reduces their profits. However, others have argued that the rule favors logging and clear-cutting activities. They will thus challenge the rule on the ground that it is infringing their rights to do business competitively.

Hunters who depend on the forests as a livelihood will face challenges. This is because the bodies involved with protection of forests are pressing on the adherence to the law. The rule also prohibits activities in the forests unless one is authorized to do any activity in the forests. Hunting endangers the natural environmental balance which is not acceptable according to the 2012 rule. This sets in a challenge for those who hunt in the natural forests to make a living.

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